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Transcript
Charles Ingersoll:
The ^Aristocrat as Copperhead
is one of America's oldest. The first
Ingersoll came to America in 1629, just nine years after the
^Mayflower. The first Philadelphia Ingersoll was Jared Ingersoll, who came to the city in 1771 as presiding judge of the King's
vice-admiralty court. Previously, he had been the King's colonial
agent and stamp master in Connecticut. During the Revolution,
Jared remained loyal to the Crown. He stayed in Philadelphia for the
first two years of the war, but in 1777, when he and other Tories were
forced to leave, he returned to Connecticut, where he lived quietly
until his death in 1781.1
Jared's son, Jared, Jr., was the first prominent Philadelphia Ingersoll. He came to Philadelphia with his father in 1771, studied law,
and was admitted to the bar in 1778. Unlike his father, Jared, Jr.,
wholeheartedly supported the Revolution. Subsequently, he was a
member of the Constitutional Convention in 1787, a member of the
city council, city solicitor, attorney general of Pennsylvania, and
United States District Attorney. Politically, he was an ardent Federalist, but politics and affairs of state were never his prime interest;
his real interest was the law, and most of his time and energy was
devoted to his legal practice.2
Jared, Jr.'s, son, Charles Jared Ingersoll, was probably the most
interesting of the Philadelphia Ingersolls. Like his father, grandfather, and most of the succeeding generations of Ingersolls, Charles
Jared was a lawyer. He began a practice in Philadelphia in 1802, but
devoted much of his time to politics.
In 1808 he broke with his Federalist background and espoused
a Jeffersonian political philosophy. This action made him extremely
T
HE INGERSOLL FAMILY
1 L. H. Gipson, "J a r e d Ingersoll/' in Allen Johnson and Dumas Malone, eds., Dictionary of
American Biography (New York, 1928-1944), V, 467-468, hereinafter cited as DAB,
2 Witt Bowden, "Jared Ingersoll, Jr.,'* ibid,, 468-469.
190
1969
THE ARISTOCRAT AS COPPERHEAD
I9I
unpopular among the members of the staunchly Federalist Philadelphia society. In 1812 he ran for Congress as a Republican and
was elected, but was defeated in his bid for re-election in 1814. The
next year he was appointed United States District Attorney for
Philadelphia, a post he held until 1829. By the early 1830's, when he
had amassed an independent income from his law practice, he began
to devote even more time to political affairs.
Charles Jared was an active participant in the battle over the renewal of the charter of the second Bank of the United States. At first
he supported the charter's renewal, but then reversed his position
and joined the Democratic Party. Since the Bank was a Philadelphia
institution and popular with most Philadelphians, Charles Jared
again felt the wrath of Philadelphia society, but he remained a partisan Democrat for the rest of his life. In 1837 he was elected to Congress, and continued to be re-elected until his retirement in 1849.
From then until his death in 1862, he devoted almost all of his time
to writing, his most notable work being a four-volume history of the
War of 1812.3
Charles Jared had nine children of whom the eldest was Charles
who was born in 1805, graduated from the University of Pennsylvania law school in 1822 and went on to become a successful practicing attorney.4 He married Susan Catherine Brown of Tennessee,
whose father, James Brown, was a United States Senator from that
state between 1812 and 1824.5 This marital connection, as well as
other factors, may well have had its influence in making Charles one
of Philadelphia's leading Copperheads during the Civil War.
Pre-Civil War Philadelphia's attitude toward the South was one of
compromise and conciliation. The Democrats had been dominant in
3 Witt Bowden, "Charles Jared Ingersoll," ibid., 465-467.
4 Charles Jared's other children were: Alexander (1807-1889), who spent almost all his life
in an insane asylum; Harry (1809-1886); John (1811-1855), who moved to Mississippi and had
a son who served with the Confederate army; Benjamin (1813-1859); Elizabeth (1815-1872),
the wife of the Philadelphia diarist Sidney George Fisher; Edward (1817-1893); Ann (18221856), the wife of Dr. John Forsyth Meigs and mother of lawyer and historian William Meigs;
and Samuel (1824-1827). L. D. Avery, A Genealogy of the Ingersoll Family in America (New
York, 1926), 221-222.
5 Ibid,; Philadelphia Ledger^ Sept. 11,1882 (all newspapers hereinafter cited, unless otherwise indicated, were published in Philadelphia). For more data on the Ingersoll family, see
Frank W. Leach, "Genealogies of Old Philadelphia Families," North American^ Apr. 5, 1908;
and R. Sturgis Ingersoll, A Sketch of the Ingersoll Family of Philadelphia (1966).
192
IRWIN F. GREENBERG
April
the city since the 1830*3, and they yielded to the demands of southern
politicians whenever they could. Philadelphia Democrats opposed
popular sovereignty in Kansas, endorsed a slave code for the territories as early as 1857, and supported the Lecompton Constitution.
At the Democratic National Convention in i860 a large portion of
the Philadelphia delegation voted with the South; and, in the presidential election of that year, the Democratic State Central Committee authorized a slate of electors to vote for John C. Breckinridge.6
There were significant commercial and social ties linking Philadelphia to the South. The South was Philadelphia's best customer, purchasing a large percentage of the goods manufactured in the city.
There were also close social connections between Philadelphia's
upper class and the planter aristocracy. Sons of wealthy southerners
were educated in Philadelphia, many southern emigres took part in
the social life of the city, and there were many intermarriages, an
example being Charles IngersolPs to a Tennessee belle.7
Like most Philadelphia Democrats, his father, Charles Jared
Ingersoll, had been conciliatory to the South. While a member of
Congress he sided with the South on many issues. He supported the
protective tariff, but was always willing to compromise in order to
satisfy the South. As chairman of the House foreign affairs committee, he was influential in the annexation of Texas. In the debates over
the slavery question, he always tried to steer a middle course, opposing the antislavery men but not completely supporting the slaveholders. He believed that it was the duty of the middle states, of
which he was a representative, to compromise the differences that
existed between the slaveholding South and "the slave-hating
northeast."8
Charles Ingersoll shared his father's political views. As early as
1841 he was defending slavery against attacks by abolitionists.9 By
1850 his views on the slavery issue were quite clear: it was the abolitionists who were to blame for the sectional strife, and it was they
who presented the greatest threat to the Union. The South, he ad6 William Dusinberre, Civil War Issues in Philadelphia 1856-1865 (Philadelphia, 1965),
186-187.
7 Frank H. Taylor, Philadelphia in the Civil War (Philadelphia, 1913), 9-12.
8 Bowden, "Charles Jared Ingersoll," DAB, V, 467.
9 Diary of Sidney George Fisher, Feb. 8, 1841, Historical Society of Pennsylvania (HSP).
1969
THE ARISTOCRAT AS COPPERHEAD
I93
mitted, may have been too extreme in its position, but it was forced
to take that position by the abolitionists. Charles distinguished between the fanaticism of the abolitionists and the extremism of the
slaveholders. He argued that there was a great deal of difference
between a man who defends his rights and property with extreme
passion and a man who seeks to destroy the rights and property of
another.10
In November, 1850, a "Great Union Meeting" was held in Philadelphia to discuss the sectional crisis. The general tenor of the gathering was conservative and conciliatory. Resolutions were passed
"sustaining the supremacy of the laws/' which included the fugitive
slave law, and respecting the rights "of our sister states." Charles
Ingersoll was one of the organizers of this meeting and a member of
the committee that drew up the resolutions.11
In December, 1859, in the wake of John Brown's raid on Harper's
Ferry, another mass meeting was held. Although it had been intended
as a nonpartisan gathering, most of the speeches were made by
Democrats, and the resolutions committee was controlled by them.
Resolutions were passed denouncing abolitionists, but none condemning southern disunionists. Anti-abolitionism was the theme of
most of the speakers. Charles Ingersoll was one who spoke to this
effect, denouncing abolitionists, claiming they were subverting the
institutions of the South. He went so far as to propose that abolitionists be prohibited from making public speeches, for their speeches and
rallies were illegal as they advocated treason and disunion.12
Shortly after this gathering, George W. Curtis, a New York abolitionist, came to Philadelphia to give a lecture despite threats of
physical violence. Outside the hall where Curtis spoke the Democrats
held a rally, and it took 500 policemen to prevent them from disrupting the lecture. Charles Ingersoll was one of the organizers of the
rally, one of the leaders openly advocating mob rule.13
In i860 the Philadelphia Democracy was split into two competing
factions. The first group, which included most of the city's more re10 Charles Ingersoll to James Buchanan, Nov. 12, 1850, Buchanan Papers, HSP.
Proceedings of the Great Union Meeting held in the Large Salon of the Chinese Museumy
Philadelphia on November 21', 1850 (Philadelphia, 1850).
12
North American^ Dec. 8, 1859. The North American mistakenly attributed Charles'
speech to his father. Fisher Diary, Dec. 8, 1859.
!3 Dusinberre, 90; Fisher Diary, June 1, 1863.
11
194
IRWIN F. GREENBERG
April
spected citizens, had strong pro-southern tendencies and supported
John C. Breckinridge. The other faction, led by Lewis Cassidy, a
Democratic ward leader and politician, received the bulk of its support from the city's workingmen and immigrants. It supported
Stephen A. Douglas. The two factions differed over the territorial
slavery question. The Breckinridge group wanted to accept the
southern position of congressional protection for slavery in the territories while the Douglas men supported the principle of popular
sovereignty.14
In November, i860, Charles Ingersoll declared himself a Breckinridge Democrat. He denounced as unconstitutional any action that
would exclude slavery from the territories because such action would
violate the basis of the Constitution—"the equality of the states."
According to Ingersoll, "the Democratic North must yield every
inch of the ground" to the South because the territories had been acquired through joint war waged by both North and South. Thus, the
South could not legally be denied the right to bring its property into
those lands.15 To deny the South the right to bring its slaves into the
territories, he stressed, would be to relegate it to a position of inequality. It is quite obvious that he believed it was the North that
was in the wrong, not the South.16
The election of Abraham Lincoln triggered the secession crisis,
although most Philadelphians took a moderate position. The city's
commercial ties with the South caused the business community to
urge caution, but a more important factor was the strength of its
Democratic Party which had the support of the city's Breckinridge
men, Constitutional Unionists, and Douglas faction. The Breckinridge group supported the Democracy because of its conciliatory
approach to the problem. The Constitutional Unionists and moderate Democrats believed that only the Democratic Party could come to
some compromise with the South. All three groups shared an antiNegro prejudice which prevented them from supporting the Republicans.17
14 Dusinberre, 96-97.
15 Charles Ingersoll, "The Equality of the States," in Charles Ingersoll, Civil War Speeches
1860-1865, 306-307, Library Company of Philadelphia.
™Ibid.y 307-308, 311.
17 Dusinberre, 120-121; A. K. McClure, Old Time Notes of Pennsylvania (Philadelphia,
1905), II, 467.
1969
THE ARISTOCRAT AS COPPERHEAD
195
In spite of this apparent cohesiveness, the Democrats were plagued
with serious intraparty dissension. The Breckinridge men opposed
the use of force against the seceded states while the Douglas faction
advocated a more forceful policy. Douglas' followers were willing to
grant some concessions on the slavery question, but would support
the use of force to uphold the authority of the Federal Government.18
There were also marked socioeconomic differences between the
members of these two factions. Most of the members of the Breckinridge group possessed social prominence and wealth. The Douglas
faction was made up mostly of ward politicians like Lewis Cassidy,
lower-class workingmen, and immigrants. With some notable exceptions, few from this group were socially prominent.19
In January, 1861, a mass meeting was held in support of the Federal Government's defense of Fort Sumter. Members of all political
parties were invited, but the Breckinridge group refused to attend.
The Douglas faction, however, were present, and Lewis Cassidy was
elected chairman of the meeting. Resolutions were passed supporting
the use of force to defend federal property.20
A few days later, the Breckinridge men held a rally of their own.
The resolutions they passed displayed strong pro-southern sentiments. One, for example, stated that if the entire South should
secede from the Union, Pennsylvania should call for a state convention "to determine with whom her lot should be cast, whether with
the north and east, whose fanaticism has precipitated the misery
upon us, or with our brethren of the South, whose wrongs we feel as
our own; or whether Pennsylvania should stand by herself, as a distinct community."21
Charles Ingersoll spoke at this gathering, denouncing the Republicans and their policies, castigating them for their refusal to compromise with the South. If the Republicans continued with their present
policies, he warned, the Union was gone. Opposed to secession, yet he
condoned it on the basis that the provocations of the North had
forced the South into this position. The South, he went on, should
be conciliated into returning to the Union, not coerced. The only
18 Dusinberre, ioa-103.
19 One such exception was former mayor Richard Vaux.
20
Dusinberre, 106-107.
21 Inquirer, Jan. 17, 1861.
I96
IRWIN F. GREENBERG
April
possible way of preserving the Union was through "forbearance and
mutual concession."22
When the war began most Philadelphians, regardless of their
political party, wholeheartedly supported the Lincoln administration. Even the Democrats appeared to have cast aside their partisan
activities. But, despite this facade of nonpartisanship, there was
still a group who opposed the war. They were, in general, the same
men who had made up the Breckinridge faction in i860. Though they
opposed the war and had no faith in Lincoln or the Republicans, they
did not dare to express their views in public. Unionist mobs had already destroyed business establishments owned by persons suspected
of pro-southern sympathies. Some Breckinridge Democrats had received threatening letters and had had their homes attacked by angry
mobs.23
Although dissent was not expressed in public, it was often displayed in private conversations. Both Charles Ingersoll and his
father had been strongly opposed to the war since the day it began.
Sidney George Fisher had a conversation with the two Ingersolls
shortly after the fall of Fort Sumter. He described their views in his
diary: "[Charles] is greatly excited and his opinions are most extravagant and absurd. If he were to utter in the street one half what he
said to me, he would lose his life. His father is still more violent. I feel
by no means easy about them."24
Immediately after the war began, Charles Jared Ingersoll devised
a scheme which he hoped would end it. He planned to call a meeting
of the five living former presidents,25 whom he wished to draw up for
Lincoln and the Confederate government a set of resolutions demanding an armistice of one year and the calling of a national convention to solve the nation's problems. He sent his son Charles to
New York to arrange the details of the meeting, but it never mate22 ibid.
23 Dusinberre, 134; Henry M. Phillips to Buchanan, Apr. 30, 1861, William B . Reed to
Buchanan, J. B. Baker to Buchanan, Apr. 1% 1861, Buchanan Papers.
24 Fisher Diary, Apr. 18, 1861.
25 The five were Martin Van Buren, John Tyler, Millard Fillmore, Franklin Pierce, and
James Buchanan. The Lincoln administration probably would not have paid too much attention to this gathering, for all of these former presidents were Democrats, except for Tyler who
was a southern Whig.
1969
THE ARISTOCRAT AS COPPERHEAD
I97
rialized. Both Martin Van Buren and James Buchanan were reluctant, both skeptical of the meeting's usefulness.26
It was not until March, 1862, that a Philadelphia Democrat dared
to publish a pamphlet criticizing the Lincoln administration on fundamental war issues. The title of the pamphlet was J^etter to a Friend
in a Slave State; the author was Charles Ingersoll.27 His stated intention was to express the views of those citizens of Pennsylvania "who
regard conciliation as our only available resort, and look upon the
extreme course of the Government as ruin."
To Charles Ingersoll the war had presented the nation with a
serious dilemma. A victorious South, he warned, meant disunion; but
with every northern victory the abolitionists within the Republican
Party increased their control of the government; acceptance of their
policies would also mean disunion. As long as the abolitionists retained their power, he warned, it would be impossible to restore the
Union. The only way to end the war was for Lincoln to abandon his
policy of "unconditional submission" and adopt a policy of conciliation. The blame for the continuance of the war, he charged, "is with
the North, not the South." The only way to end the war, he argued,
was for the people of the North to vote the Republicans out of power.
If a Democratic Congress was elected, the measures of the government would change, and there would be "an earnest and sincere
effort to bring about a settlement." A policy of "conciliation and
compromise" would be initiated, and the Union would be restored.28
IngersolPs charge that the real war aim of the Republicans was
emancipation proved to be the Philadelphia Democracy's most potent political issue. Most Philadelphians supported the administration because they believed its war aim was solely the preservation of
the Union. Under no circumstances would many of them have sup26
The letters inviting the former presidents to attend the meeting were signed by the clerk
of the United States Circuit Court at Philadelphia, Benjamin Patton, but it was common
knowledge that Charles Jared Ingersoll had organized the gathering. See William B. Reed to
Buchanan, Apr. 29, 1861, Buchanan Papers; and William D. Kelley to Salmon P. Chase, in
"Diary and Correspondence of Salmon P . Chase," American Historical Association Annual
Report igo2y II, 497.
27 Ingersoll had originally meant for the pamphlet to be published anonymously. The title
page is signed "A Citizen of Pennsylvania," but on the verso he added a note saying that he
was the author.
28 Uid.y 2, 17-19, 30-31, S3, 59-6o,
I98
IRWIN F. GREENBERG
April
ported the war had they known the goal was emancipation, for emancipation was extremely unpopular in Philadelphia, even among the
staunchest supporters of the war.
Philadelphia had a reputation for being the most violently antiNegro city in the North. That is the way Frederick Douglass described its treatment of the Negro in 1862: "There is not perhaps
anywhere to be found a city in which prejudice against color is more
rampant than Philadelphia."29 Racism and discrimination had always been prevalent in Philadelphia. Negroes were victims of economic exploitation, political discrimination, and social segregation.
Anti-Negro violence flared more often in Philadelphia than in any
other northern city. In large part, this bias against the Negro was the
result of economic competition between the Negroes and the city's
laborers; but there was also strong anti-Negro prejudice among the
city's upper class, which considered the Negro racially inferior.30
The emancipation issue changed the entire complexion of the war
for many Philadelphians. They were no longer fighting to preserve
the Union but to free the slaves. Lincoln did not issue his preliminary
emancipation proclamation until September, 1862, but by July
Philadelphia newspapers were preparing the public for the decree.31
By mid-summer of 1862 the facade of political unity that had existed
in the city since the Sumter attack had all but disappeared. Partisan
strife was rampant.
On August 23, 1862, the Philadelphia Democrats held their first
mass gathering of the war. Resolutions were passed condemning the
dissolution of the Union and declaring their determination to support
the administration and the war "in order that the Constitution may
be preserved and the Union restored." However, the administration's
policy of arbitrary arrests was decried as a flagrant violation of the
Constitution and emancipation and abolitionists were likewise condemned. But aside from the usual expressions of intolerance for the
Negro and the abolitionists, the general mood of the gathering was
surprisingly moderate. There was only one speaker who dared to de29 Quoted in James McPherson, The Negro's Civil War (New York, 1965), 255.
30 Leon F. Litwack, North of Slavery (Chicago, 1961), 84-86, 100-101, 150-151, 168-169
191-193.
31 Dusinberre, 138.
1969
THE ARISTOCRAT AS COPPERHEAD
I99
nounce the Lincoln administration and the conduct of the war. That
speaker was Charles Ingersoll.32
Ingersoll told the gathering that the Republicans must be driven
from power in the fall elections, for only the Democratic Party could
save the Union. He then went on to denounce the administration
for its corruption and profiteering. The reports of congressional committees of investigation, he charged, had convinced him that there
had never before been in any other part of the world a government
more corrupt than Lincoln's.33
His speech went "far beyond the general feeling of the assembly/'
Most of the Democrats considered his attack too severe and distasteful. Evidently, some of the federal officials in the city shared this
opinion since two days later he was arrested by Provost Marshal
William Kerns on the strength of an affidavit by a reporter who had
attended the meeting. Ingersoll was charged with making such disloyal remarks as "the despotism of the old world can furnish no
parallel to the corruptions of the administration of Abraham
Lincoln."34
On August 27 Ingersoll, who had been released on bail, was transferred to the custody of United States Marshal William Millward,
for it was he, not the provost marshal, who had the authority to make
arrests on disloyalty charges. An August 8 order of the War Department had authorized United States Marshals to arrest any person
who, by act, speech, or writing, tended to discourage enlistments,
"give aid and comfort to the enemy," or commit any other kind of
disloyal acts.35
This order had further stipulated that the arresting officer was to
send an immediate report of arrests to Major L. C. Turner, the judgeadvocate of the army, but before Millward could send his report to
Washington, Ingersoll petitioned Judge John Cadwalader of the
United States District Court for a writ of habeas corpus. Judge Cadwalader held an immediate hearing, which neither Millward nor his
32 Inquirer, Aug. 25, 1862.
33 Ibid.
34 Fisher Diary, Aug. 25, 1862; Ledger, Aug. 26, 1862.
35 Ledger^ Aug. 28,1862; Inquirer^ Aug. 28,1862; United States War Department, The War
of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies
(Washington, 1892), Series III, Volume II, 331. Hereinafter cited as O.R.
2OO
IRWIN F. GREENBERG
April
prisoner, who was being held in the marshal's office, attended.
Ingersoll had as his counsel three of the city's leading lawyers, George
W. Biddle, former mayor Peter McCall, and former United States
District Attorney George M. Wharton.36
Cadwalader ordered that Millward be served with the writ immediately, but the marshal had left his office. The writ was then served on
his deputy, William Schuyler, who appeared in court, but without
Ingersoll. Schuyler refused to produce the prisoner, requesting that
the marshal have time to receive instructions from Washington. The
district attorney, John Coffey, who was representing Millward at the
hearing, argued that the marshal did not have to answer the writ at
all, for it had been suspended by the War Department. Judge Cadwalader refused to recognize the suspension of the writ, but agreed to
postpone the hearing until the next morning.37
Ingersoll's counsel was strongly opposed to the postponement.
They charged that the delay would be used by the marshal to take
him to Washington, where he would be out of the jurisdiction of the
court. To support this allegation, they produced affidavits signed by
men who swore that they had seen Ingersoll in the marshal's office
and had heard Millward say that he was to be taken to Washington
that evening. Despite this evidence, Judge Cadwalader held to the
postponement, but before adjourning he warned Schuyler that the
prisoner was not to be taken to Washington or any other place out of
the court's jurisdiction.38
Marshal Millward had no alternative but to obey whatever orders
he would receive from Washington, even if it meant disregarding the
writ. It appears that he was totally unfamiliar with the correct procedure. When the writ was served on his deputy, Millward wired the
State Department for instructions, even though arbitrary arrests had
been transferred to the jurisdiction of the War Department early in
1862.39 The August 8 order had clearly stated that the arresting
36 Petition for a writ of habeas corpus signed by Charles Ingersoll, Aug. 27, 1862, Records
of the United States District Court for the Eastern District of Pennsylvania, Record Group 21,
National Archives (hereinafter cited as NA). All National Archive materials cited are photocopies of the originals.
37 Inquirer, Aug. 28, 1862.
38 Ibid.; affidavits of Edward Ingersoll and John W. Thomas, Aug. 27, 1862, Record
Group 21, NA.
3» Executive Order # 1, Feb. 1, 1862, O.R., Series II, Volume II, 22.
1969
THE ARISTOCRAT AS COPPERHEAD
2QI
officer must make an immediate report to the judge advocate; but
when Millward himself was served with a writ ordering him to produce Ingersoll in court he wired Secretary of War Edwin M. Stan ton
for instructions, not Judge Advocate Turner. Stanton referred the
message to Turner, who then wired Millward asking for a report of
the charges against the prisoner, which is what should have been sent
in the first place. After receiving Millward's report, Turner at first
instructed him to take Charles to Washington and confine him in the
Old Capitol Prison, but shortly after ordered him to drop the
charges.40
The Democrats considered his release a political victory. Rather
than having to face the embarrassment of the arrest's being declared
illegal, they asserted, the government had decided to drop the case.41
It is obvious that the charges against him were ridiculous. Only by a
broad interpretation could he have been guilty of giving "aid and
comfort to the enemy." He denounced emancipation, castigated the
administration for its corruption, and ridiculed the army for its
"insignificant" military accomplishments, but none of these remarks,
although they may have displayed poor taste and rank partisanship,
could have been considered treasonable. In fact, the remark for which
he had been arrested, the one in which he condemned the corruption
of the administration, was the least disloyal of all.
Most of the Republicans in Philadelphia agreed that Ingersoll's
arrest was "unwise and impolitic." The city's Republican newspapers, although they had publicly supported the arrest, were relieved when he was released.42 However, the damage had been done
for his arrest became a strong political issue, even receiving national
attention.43 The Democrats denounced the action as a "monstrous
40 Millward to Seward, Aug. 27,1862, Millward to Stanton, Turner to Millward, Millward
to Turner, Turner to Millward, Aug. 28, 1862, Records of the Adjutant General's Office,
Record Group 94, NA; Turner to Millward, Aug. 30,1862, ibid.; decision of Judge Cadwalader,
Sept. 1, 1862, Record Group 21, NA.
41 Fisher Diary, Sept. 1, 1862.
42 Fisher Diary, Aug. 25, 1862; Bulletin^ Sept. 1, 1862. The Bulletin said that Charles' release "will be received with satisfaction by the public." The government could afford to let him
go because it had on its hands "larger and more dangerous game.>;
43 The reason why Charles' arrest received as much attention as it did was because many
journalists confused Charles with his father, Charles Jared, who had died in May, 1862. See,
Frank Moore, The Rebellion Record (New York, 1862-1867), V, 69, "Diary of Events," Sept. 1,
1862. Moore reported that "Charles Jared Ingersoll was discharged by order of Sectetary
2.O2
IRWIN F. GREENBERG
April
fabuse o power," one that was yet another example of the despotic
state to which the Lincoln administration was leading the nation.44
The election of 1862 proved to be quite successful for the Democrats. They won all of the state offices at stake, elected a majority of
the congressmen, and gained control of the lower house of the state
legislature. In Philadelphia, however, they did not do as well. Mayor
Alexander Henry, a Republican, was re-elected, and only one Democrat, Samuel J. Randall, was sent to Congress.45
Inspired by their successes in the state, and hoping to take advantage of the discontent aroused by Lincoln's Emancipation Proclamaation of January, 1863, the Democrats made a concerted effort to
overlook their intra-party differences and form a unified opposition.
One of their first actions was the establishment of a party newspaper.
The Democratic papers that had existed in Philadelphia before the
war disappeared when Lincoln came to power and their patronage by
the Federal Government was lost. Since 1861, however, Adam J.
Glossbrenner of York, an experienced journalist who had also been
private secretary to President Buchanan, had been trying to start a
Democratic newspaper in Philadelphia. His main obstacle was securing the unified support of a badly divided party. In November, 1862,
Glossbrenner at last succeeded in obtaining both the necessary capital and party unity and the journal he created, the <:Age, began publication in March, 1863. This paper was specifically intended to be an
ofgan for party propaganda. It ardently defended civil liberties and
went to great lengths to denounce abolitionists, emancipation, and
the Negro. In its columns could be found a defense of slavery as a
positive good, affirmations of the racial inferiority of the Negro,
references to Negro soldiers as barbarians, exaggerations of Negro
Stanton." The Bulletin called attention to an article in the New York Post which reported the
arrest of "Charles Jared Ingersoll." The Post was wrong, said the Bulletin; it was Charles
Ingersoll who had been arrested, and he "was never a prominent politician, never was elected
to Congress or any other office and never will be, if he lives to the age of one hundred.'* Bulletin,
Aug. 26, 1862.
44 Stanton L. Davis, "Pennsylvania Politics 1861-1863" (unpublished Ph.D. dissertation,
Western Reserve University, 1935), 245-249.
45 Ibid,, 260-265; Nicholas B. Wainwright, "The Loyal Opposition in Civil War Philadelphia," Pennsylvania Magazine of History and Biography, LXXXVIII (1964), 297-298.
1969
THE ARISTOCRAT AS COPPERHEAD
203
brutalities and crimes, the dangers of miscegenation and amalgamation, and the political, economic and social dangers of emancipation.46
Another action taken to strengthen the party organization was the
creation of the Central Democratic Club. The club's stated purpose
was the "dissemination and defense of the pure principles of Democracy/' In effect, though, the club was a meeting place for Democrats
and a convenient platform from which to denounce the Republicans
and the Lincoln administration.
The preamble to the club's constitution stated the principles to
which the Philadelphia Democracy was committed: strict construction, states' rights, defense of civil liberties, anti-emancipation, and
white supremacy. In the state of Pennsylvania, the preamble read,
"all power is inherent in the WHITE PEOPLE," and the "free institutions" of the United States were created for the white race only.
Any attempt to change this intention, "or change the relative status
of the superior white, and the inferior black races, . . . are subversive of the original design."47
Some of the leading spokesmen for the Democratic Party were
officers of the club and its members were drawn almost entirely from
the Philadelphia aristocracy. They were only part-time politicians,
gentlemen who considered politics more an avocation than a profession. None of the city's ordinary workingmen or members of the
lower classes were asked to join. The president of this organization
was Charles Ingersoll.48
Although never elected to public office, Ingersoll was one of his
party's leaders.49 An avid partisan, he spoke at most of the mass
meetings held by the Democrats. Although he did not want a Confederate victory, he believed that if the Union army suffered enough
defeats the Republicans would be voted out of power and the Demo46 Glossbrenner to Buchanan, June 23, 1861, N o v . 11, 1862, Mar. 30, 1863, Buchanan
Papers; Elwyn B. Robinson, "The Public Press of Philadelphia during the Civil War" (unpublished Ph.D. dissertation, Western Reserve University, 1936), 174-186; Ray H. Abrams, "The
Copperhead Newspapers and the Negro,*' Journal of Negro History', X X (1935), 131-152.
47 Constitution and By-laws of the Central Democratic Club, Organized January•, 1863 (Philadelphia, 1863), 5-8.
& Press, Jan. 9, 1863.
49 Charles tried for a seat in Congress in i860, but was unable to receive the party's nomination. Fisher Diary, Jan. 17, i860. Charles' brother Harry was nominated and did run for Congress in i860, but he lost to W. Morris Davis. Ledger, Oct. 13, i860.
2O4
IRWIN F. GREENBERG
April
crats would take over and this would bring the war to a close. By the
end of 1862 his feelings had reached the point where he was openly
applauding Confederate victories, expressing great delight on hearing
of the Union defeat at Fredericksburg in December, 1862.50
Since the governor's seat was at stake, the election of 1863 was an
important one. For this office the Democrats nominated Justice
George W. Woodward of the Pennsylvania Supreme Court, a prosouthern Democrat, but the party platform was unionist in its tone,
affirming loyalty to the Union, pledging that it would use the entire
power of the government to maintain the Union, and refusing to
accept any peace terms based on the permanent dismemberment of
the Union.51
Charles Ingersoll continued as one of his party's leading spokesmen
in 1863, even though his views did not coincide with those of the
platform. He was particularly bitter about Lincoln's policy of arbitrary arrests and his declaring of martial law in uninvaded areas. In
December, 1862, he had published a pamphlet on the subject,52 attacking the suspension of the writ of habeas corpus as unconstitutional, arguing that it was not one of the president's "war powers."
Most of the legalists of the day tended to agree with Charles' position
that the suspending power belonged exclusively to Congress.53
The declaring of martial law in uninvaded areas, he maintained,
was also unconstitutional. The executive branch of the government,
Ingersoll claimed, could not by itself assume the "war powers";
Congress must authorize the president to use such powers. But, he
went on, even Congress could not give the president the power to
declare martial law; for there was no provision in the Constitution
giving Congress the power to declare martial law.54
50 Fisher Diary, Dec. 17, 1862.
51 Dusinberre, 166,171-172; Davis, "Pennsylvania Politics," 297-299; Age, June 18,1863.
52 An Undelivered Speech on Executive Arrests (Philadelphia, 1862). The reason for the title
is that this pamphlet had originally been intended as an argument to be pleaded before Judge
Cadwalader in defense of a prisoner arrested by the Federal Government, but before Charles
could plead the case the prisoner was released.
53 Ifrid., 5; James G. Randall, Constitutional Problems under Lincoln (revised edition,
Chicago, 1951), 130-131, 136. Randall said: "Judging by the views of Congressmen, the flood
of pamphlets, the learned words of Taney, and the pronouncements of lower courts, the weight
of opinion would seem to incline to the view that Congress has the exclusive suspending power."
54 Ingersoll, Undelivered Speech, 55-57, 64-69.
1969
THE ARISTOCRAT AS COPPERHEAD
2O5
Once again he was arguing on solid legal ground. Lincoln's policy
of declaring martial law in uninvaded areas was unconstitutional and
without precedent. Martial law had never been used in the United
States if it was at all possible to rely on civilian officials, and American
legalists did not look upon it favorably.55
Ingersoll also discussed how to resist the Lincoln administration's
abuses of civil liberties, since judicial remedies had proved futile. At
first he took an extremely radical and absurd position. He advised the
individual states to force the Federal Government to release a prisoner by seizing the President of the United States, or some other
federal official, and holding him as a hostage until the prisoner was
released. This, he said, would be a "practical example" of states'
rights.66
The rest of his speeches during 1863 were far more moderate and
sensible. On June 1, a mass meeting was held to protest the arrest and
exile of Clement L. Vallandigham, the Ohio Copperhead. Resolutions
were passed condemning the act as unnecessary and illegal and denouncing the administration's abuses of civil liberties, but all of the
resolutions stressed that the remedy for such actions was at the ballot
box, not in forceful resistance. Charles Ingersoll agreed, declaring
that "no one should go one step beyond the resolutions. . . . Those
resolutions recommend law and order." This was his position
throughout the 1863 campaign. The only remedy that he counseled
was the victory of the Democratic Party in the fall election. "The
cause of the Democratic party today," he said, "is the cause of constitutional liberty."57
Ingersoll had a scheme for ending the war that would circumvent
the Lincoln administration. His plan was to call a convention of the
states, which would deal with the problems that were dividing the
nation. It was only at such a convention, he argued, that the strength
of the people could be exercised. The most alarming aspect of the war,
he went on, "is the difficulty of bringing the voice of the people to
bear." He sincerely believed that the majority of the people in both
55 Randall, 144-147.
56 Press, Mar. 16, 1863.
57 Age, June 2,1863. The last quote is from the Age, June 3, 1863. Other speeches in which
he counseled the ballot-box remedy are in the Age, June 8, Sept. 10, 18, 1863.
2O6
IRWIN F. GREENBERG
April
the North and South wanted peace, and at a convention their wish
could be fulfilled.58
Calling such a convention, Ingersoll admitted, would be difficult,
for each state would have to call for it individually and most were
controlled by Republicans. As with the civil liberties issue, he at first
recommended a radical means of meeting this problem. Since the
Pennsylvania Assembly was Democratic, he suggested that it refuse
to appropriate any money needed for war supplies until a bill was
passed calling for a convention. Later, his views mellowed and he no
longer suggested obstructing the war effort. All he stressed was that
the Democrats were committed to the calling of a convention, and
that the people should vote Democratic if they wanted the war
ended.59
During the election campaign of 1863 the Democrats tried to discredit the administration by challenging the constitutionality of its
war measures. In September they attempted to have the National
Conscription Act struck down as unconstitutional. The act had been
passed in March to improve upon the inefficient draft law of 1862
which had required that all drafting be done through the machinery
of state governments and state militias. The 1863 law, eliminating
state agencies altogether, called for universal liability for militaryservice, and used only agencies of the Federal Government for its
administration. 60
As a test case, several draftees asked for an injunction restraining
the provost marshals from enforcing the Conscription Act. To argue
for the plaintiffs, the Democrats provided four prominent "Philadelphia Lawyers": George M. Wharton, Peter McCall, George W.
Biddle, and Charles Ingersoll. The case was taken to the Pennsylvania Supreme Court, where the Democrats were certain of success
because four of the five judges who made up the court were Democrats, two of them heading the party's ticket in the fall elections:
Woodward, who was running for governor; and Chief Justice Walter
H. Lowrie, who was seeking re-election. The case was argued before
the court on September 24, but a decision was not handed down until
after the election, when the court by a 3-2 vote declared the Cones Ibid., Apr. 23, 1863. This speech is also in Civil War Speeches.
69 Press, Jan. 9, 1863; Age, Apr. 23, 1863.
60 Randall, 247-248.
1969
THE ARISTOCRAT AS COPPERHEAD
2O7
scription Act unconstitutional. However, in December Lowrie, who
had been defeated in his bid for re-election, was replaced by a Republican. The case was then reheard and the decision was reversed,
again by a 3-2 vote.61 Thwarted by the re-election of Governor
Curtin and most of the other Republican candidates, Democrats
turned their attention to the presidential election of 1864.
The nomination of a Democratic presidential candidate brought to
the surface a bitter quarrel that had been going on between the War
Democrats and the Peace Democrats. General George B. McClellan,
a War Democrat, was nominated by the Democratic National Convention in late August, but the Peace Democrats had some successes
at the convention. A Peace Democrat, George H. Pendleton, was
nominated as McClellan's running mate, and the Peace Democrats,
successful in gaining control of the platform committee, were able
to write a "peace plank" into the platform, declaring the war a failure
and demanding an immediate and unconditional armistice. McClellan, however, in his letter accepting the nomination maintained that
before any armistice could be agreed upon the South would have to
recognize the Union. Infuriated, the Peace Democrats were ultimately left with no recourse other than to give him at least nominal
support.62
There has as yet been no work written which fully discusses the
Philadelphia Democracy in 1864.63 Was it controlled by the War
Democrats or the Peace Democrats ? Did it support the nomination
of McClellan? The Democratic State Convention, held in March,
supported McClellan,64 but did the Philadelphia Democracy? In 1863
the party was controlled by the Peace Democrats,68 but what
about 1864?
61 Age, Sept. 24, Nov. 12,1863; Wainwright, 307-308. The arguments used by Charles to
show the unconstitutionality of the draft were the same as the ones used by most of the opponents of the Conscription Act. He took a rigid states* rights, strict construction position and
tried to prove that there was a great difference between a militia and an army, arguing that the
conscription power belonged solely to the states. His argument is printed in Civil War Speeches,
For an excellent summary of all of the arguments used for and against the draft, see Randall,
270-274.
62 William F. Zornow, Lincoln and the Party Divided (Norman, Okla., 1954), 129-138.
63 Both Wainwright and Dusinberre give very little attention to the year 1864.
64 Erwin S. Bradley, The Triumph of Militant Republicanism (Philadelphia, 1964), 200-201.
65 Wainwright, 302.
2O8
IRWIN F. GREENBERG
April
In July, 1864, the Philadelphia Peace Democrats made an effort to
nominate former president Millard Fillmore or Franklin Pierce in
place of McClellan. They printed and distributed circulars in neighboring states urging that either Fillmore or Pierce be nominated,66
but it does not appear that this peace faction had much strength in
the party. Even the *Age> which had usually expressed the views of
the Peace Democrats, refused to take a position on the presidential
nomination. When the state convention met in March, the aAge
would not discuss its views on the nomination, preferring to place
complete faith in the judgment of the party. In July, when the
Fillmore and Pierce drive was strong among the Peace Democrats,
the cyf^-still refused to take a stand.67 This behavior of the newspaper
would seem to indicate that the Peace Democrats no longer had
power in the city's Democratic Party.
The strongest reason for assuming that they no longer had control was the demise of the Central Democratic Club. The club had
discontinued its meetings after the election of 1863, but there was a
definite intention of resuming them for the 1864 campaign.68 Charles
Ingersoll's term of office as president was due to expire in June and a
new election was to be held. Although George Northrop was elected
president on July 12, after that meeting the Central Democratic
Club disappeared from public view. It no longer held its weekly
gatherings and was no longer used as a political platform by party
spokesmen.69
To fill the void thus created, a new organization was formed known
as the Keystone Club.70 This club had a much broader social base
than its predecessor. The zAge said that it was the largest and most
popular Democratic organization in Philadelphia. Indeed, the number of members attending its meetings was so great that it was neces66 Bulletin, July 26,1864; Zornow, 126; A. Parker to General George B. McClellan, July 24,
1864, McClellan Papers, Library of Congress (photocopy).
67 Age, Mar. 24, July 13, 1864.
68 Robert J . Hemphill to Samuel J . Randall, Feb. 25, 1864, Randall Papers, University of
Pennsylvania.
69 Age, June 6, 8, July 13, 1864.
70 Ibid., July 12,1864. The Keystone Club had actually existed well before 1864 as a Democratic organization; it was just being revived and reorganized. In 1856 the members of the
Keystone Club had stormed the Democratic National Convention in support of Buchanan.
Bulletin, June 4, 1856.
1969
THE ARISTOCRAT AS COPPERHEAD
2Og
sary to hold them in a theater. The Central Democratic Club had had
a much more limited number of members and had held only one
meeting a week; the Keystone Club held a mass meeting every night.71
Why was the popularly based Keystone Club established and the
Central Democratic Club disbanded? Perhaps the War Democrats
had gained control of the party. Or, more likely, astute, professional
politicians realized that the party needed a new image. Aristocrats
like Charles Ingersoll never considered politics as a profession, and
they could afford to stand by a conviction even if it hurt the party.
Professional politicians could not do this; they needed political victories in order to gain patronage and office. Politics was their livelihood. By 1864 it was painfully clear to the professionals that the
Democratic Party's identification with the dissenting aristocrats of
the Central Democratic Club was hurting the party's chances for
election victories.72 The Democracy had come to be associated with
Copperheadism, treason, and disloyalty. It was no coincidence that
both the June 7 and July 12 final meetings of the Central Democratic
Club were held at the same time and place as the meetings of the
Democratic City Executive Committee. The City Committee must
have been influential in whatever was decided by the club. It was
also no coincidence that the evening before the club held its elections
on July 12, which marked its exit from Philadelphia politics, the
Keystone Club was organized.73
The new club's selection of a president was not an aristocratic
Peace Democrat but Colonel William McCandless who had served
with the Union army. There were no doubts about his loyalty. He
had fought in the battles of Fredericksburg and Gettysburg, and had
been wounded twice.74
During the 1864 campaign, Ingersoll continued active, making
speeches which were almost the same as the ones he had delivered in
71 Age, August 2, 31, 1864; Bulletin, Sept. 8, 1864.
72 In 1863, Lewis Cassidy, who has been described as one of the Democracy's "shrewdest
leaders," strongly urged the Democrats to accept Governor Curtin's offer of a fusion ticket in
support of a War Democrat. Cassidy considered it political suicide for the Democrats to nominate a "peace man/' Davis, "Pennsylvania Politics," 287.
73 Age, June 8, July 12, 1864. Charles Ingersoll delivered a speech at the dedication of the
Keystone Club's meeting hall. Ibid., Sept. 2, 1864.
74 Ibid., Aug. 19, 1864. For information on McCandless* war record, see Samuel P. Bates,
History of Pennsylvania Volunteers, 1861-1865 (Harrisburg, 1869), I, 575-590.
2IO
IRWIN F. GREENBERG
April
1863. He urged conciliation and compromise, suggested the calling
of a convention of the states, denounced emancipation, and castigated the Lincoln administration for its abuse of civil liberties. The
theme which dominated all of his utterances was that only the Democratic Party could save the Union: "It is the duty of the Democratic
party to step in and rescue an almost ruined country/'75
The official position of the Philadelphia Democratic Party in 1864
on the questions of a negotiated peace and a "peace at any price"
is not perfectly clear, but Charles Ingersoll's position is. He favored
a negotiated peace that would have guaranteed the existence of
slavery. In August, 1864, he attended a secret meeting of Peace
Democrats in New York.76 Convinced that the South did not want a
permanent division of the Union, he urged Lincoln to negotiate peace
terms. He devoted an entire speech to a denunciation of Lincoln for
his refusal to negotiate with the southern emissaries at Niagara.77
Ingersoll was unwilling, however, to accept a "peace at any
price," for he was firmly opposed to the permanent division of the
Union. Yet he was willing to yield to the South's demand of "recognized independence." This concession was much more than most
Democrats would have thought of granting.78 He believed that the
demand for "recognized independence" was only a "point of honor"
to the South, and had no substantive meaning. The North, he argued,
had yielded to this point many times before: "each time we have sent
a flag of truce to the South, or exchanged prisoners with them, or
treated them as belligerents, or dealt with them in any of the ways
recognizing their independent existence, to which we have resorted
so often since the war began."79
Lincoln's re-election thoroughly disgusted him. His frustration is
clearly seen in a pamphlet he published in late 1864.80 This work was
™Age, Sept. 3, 15, 1864.
76 Bulletin, Aug. 11, 1864.
77 "To Whom it may Concern," in Civil War Speeches, 378-389. For details on the Niagara
Peace Conference, which was really a Confederate trick, see James G. Randall and Richard
N . Current, Last Full Measure, Lincoln the President (New York, 1945-1955), IV, 158-165.
78 Buchanan considered the recognition of the Confederacy to be an impossibility. Buchanan
to Mrs. L. Boyd, Feb. 17,186a, in John B. Moore, ed., The Works of James Buchanan (Philadelphia, 1908-1911), X I , 255.
79 "To Whom it may Concern,'* 378-379, 387.
80 [Charles Ingersoll], A Brief View of the Constitutional Powers, Showing that the Union
Consisted of the Independent States United (Philadelphia, 1864).
1969
T H E ARISTOCRAT AS COPPERHEAD
211
his most radical tract of the war; he did not dare to put his name to
it. The pamphlet justified secession as constitutional on the premise
that each state was actually an independent sovereignty. The problem now, he maintained, was that the independence of the states was
no longer being recognized by the Federal Government. A new constitutional principle held sway—"absolution of the Executive of the
Federal Government." If the people accepted this principle, he
warned, "then the Federal Executive is absolute, and wields all
power, and the Constitution of government is gone, for there will
remain only a people and their masters, whose will is their only law."
He insisted that the Constitution had not given the Federal Government the power to coerce the seceded states to rejoin the Union.81
Ingersoll made no other public addresses nor did he write any more
during the rest of the war, but Philadelphians had not forgotten his
virulent opposition to it. On April 27,1865, he paid physically for his
war-time dissent, being viciously beaten by a mob. The incident
arose out of a speech made by his brother Edward in New York on
April 13. Edward had declared his sympathy for the Confederacy,
justified secession as an acceptable "American doctrine," and denounced the Union war debt as unconstitutional, saying the people
should not help to repay it.82
The day after Edward delivered his speech Lincoln was assassinated. This tragic event aroused both the patriotism and the anger of
the nation. Any form of dissent was enough to incite irate mobs into
action. Edward became so harassed by angry citizens, threatening
letters, and inflammatory newspaper editorials that he carried a
pistol in order to protect himself.83 On April 27 a mob met him at a
Philadelphia railroad station and demanded that he apologize for the
remarks he had made in his speech. Edward refused, telling the crowd
to "go to Hell." Attacked by an army officer, Edward drew his pistol.
The police then arrested him for carrying a concealed weapon.84
si ibid., 8-9,65-68.
82 John A. Marshall, American Bastille (Philadelphia, 1869), 134-135; Bulletin, Apr. 26,
1865.
83 Marshall, 134-135. The Bulletin reprinted Edward's speech in full, and then in an
editorial denounced it as an act of treason. The editorial compared Edward's remarks to those
of John Wilkes Booth, saying that both men should be classed together. Bulletin, Apr. 26,1865.
84 Fisher Diary, Apr. 27, 1865; Bulletin, Apr. 28, 1865; Marshall, 135.
212
IRWIN F. GREENBERG
April
Extra police had to be called to protect the police station where
Edward was held. Despite the presence of the threatening mob,
Charles Ingersoll came to the stationhouse to visit his brother.
Recognized, he was pulled from his carriage and severely beaten.
The police, most of whom sympathized with the mob, interfered only
to save his life. Although he looked horrible, his face bruised and his
clothes in tatters, Ingersoll was not seriously injured. Before long
Edward was released on bail and left the city until tempers
cooled off.85
Charles Ingersoll lived until 1882 but never again took an active
part in politics. He devoted his remaining years to literary studies,
becoming "an excellent linguist and a scholar of distinguished abilities/'86 Prosperous because of his successful legal practice, he was enriched by a large inheritance from his Uncle Joseph R. Ingersoll.87
In 1869 he wrote a comedy that was performed on stage and was well
received by the critics.88 Most of the immediate post-war years he
spent traveling abroad, doing research for a book expounding his
political beliefs, which was published in 1875.89 His political significance lies in his ardent position as a Copperhead.
There are two basic schools of Copperhead historiography. The
"traditionalist" school, in large part, adheres to the views expressed
by Republicans during the war. It sees Copperheads as unenlightened, reactionary, and disloyal. The "revisionists" reject the idea of
conspiracy, treason, or treasonable intent on the part of most
Copperheads. They agree that Copperheads might have been guilty
of rank partisanship, but so were the Republicans. They might have
condemned Lincoln and his war measures in order to gain votes, but
partisanship is something quite different from treason.
Charles Ingersoll opposed the war and was willing to recognize the
independence of the Confederacy, but was still devoted to the concept of "Union"; he did not want a permanent division. To accuse
85 Fisher Diary, Apr. 27, 28, 1865; Bulletin, Apr. 28, 1865; Marshall, 136-137.
86 Bulletin, Sept. 11, 1882.
87 The Rich Men of Philadelphia: Income Tax of the Residents of Philadelphia and Bucks
County for the year ending April 30,1866 (Philadelphia, 1866).
88 Fisher Diary, Apr. 3 , 1869. The play was also published in pamphlet form, Women Rule
(Philadelphia, 1868).
89 Fears for Democracy Regarded from the American Point of View (Philadelphia, 1875).
In this work, Ingersoll referred to democracy in the broad sense, not merely the Democratic
Party.
1969
THE ARISTOCRAT AS COPPERHEAD
213
him of disloyalty and treason is wrong. There is no evidence that he
had any contacts with agents of the Confederacy, or that he gave
"aid and comfort to the enemy." His dissent never went beyond the
spoken or written word. He neither belonged to any secret Copperhead organization nor ever took part in any conspiracy against the
government.
Ingersoll and his fellow Copperheads were never a real threat to
the government or the war effort. During the invasion scare of 1863,
the Philadelphia Copperheads were not considered dangerous. In
June, 1863, General Napoleon J. T. Dana was assigned to organize
the defense of Philadelphia. Although he found the city almost defenseless, he refused to declare martial law. Even Mayor Henry discounted the Copperhead threat as there were no organizations of
avowed enemies of the government operating in the city.90
There is no doubt that racism played a significant role in Ingersoll's
views. He conceded that slavery was morally wrong, yet knew of no
better way of dealing with the Negro. He did not think that emancipation would succeed because it would not solve the problem of the
Negro. The Negro, he asserted, was racially inferior and a threat to
the future of democracy, incapable of being educated. Ingersoll
maintained the Negro could never reach the intellectual level of the
white man.91
Despite these opinions, it is questionable how strong a causative
factor racism was with Ingersoll. Racism was not limited to Copperheads; many supporters of the administration and of the war were
racists. Most of the Democratic Party, even the War Democrats,
were committed to the doctrine of white supremacy.92 Racism was
prevalent throughout the North and was not unique to the Copperheads.
Partisanship was an important element in Ingersoll's opposition to
the war. He was a passionate Democrat, and in nineteenth-century
America partisanship was a powerful force. Ingersoll himself adw Special Orders # 1 6 , Dana to Maj. John S. Schultze, Secretary Stanton to Dana, Dana
to Stanton, June 27, 1863, O.R., Series I, Volume XXVII, part 3, 343, 365-361; Henry to
Col, C. J. Ruff, May 18, 1863, Henry Papers, HSP. For an account of the invasion scare,
see William L. Calderhead, "Philadelphia in Crisis: June-July, 1863/' Pennsylvania Historyy
XXVIII (1961), 142-155.
01
Ingersoll, Fears for Democracy, 156-157.
02 Lawanda and John Cox, Politics, Principle, and Prejudice, 1865-1866 (New York, 1963),
195-212 and passim.
214
IRWIN F. GREENBERG
April
mitted that "party degenerates to bigotry, and in the United States
we have the intolerance in politics that in other countries they have
in religion."93 He loathed the Republican Party. Even after the war
was long over he maintained an extreme hatred for the Republicans.
He strongly opposed the Democrats' fusion with the Liberal Republicans in 1872; just the thought of co-operating with Republicans
sickened him. To Samuel J. Randall he wrote: "For Heaven's sake
don't let us have any compromises on Republican or semi-Republican
candidates for our presidential ticket."94
This fear of the Republicans had colored IngersolPs Civil War
opinions. He believed that they were a danger to his political, economic, and social status, realizing all too well that the ascendancy of
the Republicans would accelerate a movement that was already
starting to take place by i860—the challenge to the political and social leadership of Ingersoll's class.95
This assault on the position of the aristocracy can clearly be seen
in the legal profession. The Philadelphia bar was a powerful organization and had traditionally been dominated by the city's aristocracy;
but between 1800 and i860 there had been a steady and determined
movement to whittle away at the power, autonomy, and aristocratic
homogeneity of the legal profession. Inroads were made on the lawyers' influence in society by extending the power of arbitration courts
and by making the judiciary and certain other legal functionaries
elective offices. There had also been during these years an infiltration
of the Philadelphia bar by a substantial number of lawyers from the
middle and lower classes: "Visibly altered by the infiltration from
below and by the attacks of egalitarian-minded reformers, the profession had lost some of its old discipline, self-awareness, and homogeneity that had distinguished it previously as a bulwark of constitutional stability."96
03 Ingersoll, Fears for"Democracy',95.
04 Ingersoll to Randall, Dec. 5, 1871, Randall Papers.
35 E. Digby Baltzell, An American Business Aristocracy, originally published under the
title Philadelphia Gentlemen (New York, 1962), 20-21. Baltzell defines aristocracy, or upper
class, as a group of families with inherited wealth and social status. He defines the "elite" as
the leading individuals in a particular business or profession who do not have the inherited
social position that the aristocracy has. Also, the aristocracy refers to a group of families; the
"elite" consists of individuals.
86 Gary B. Nash, "Philadelphia Bench and Bar, 1800-1860,"' Comparative Studies in
Society and History, VII (1965), 213, 220.
1969
THE ARISTOCRAT AS COPPERHEAD
21 5
Ingersoll was disturbed by the changes that were taking place in
society, changes which the dominance of the Republicans and the
continuance of the war would only increase. He believed that the
Democratic Party was committed to stability while the Republicans
advocated radical changes in society. The Republicans, he charged,
were led by abolitionists who "have not about them an iota of conservatism; they are essentially a revolutionary party, and the Democrats are the conservatives of the United States."97
During the war a social revolution indeed did take place in Philadelphia society. At its beginning most of the city's aristocrats shared
Charles Ingersoll's anti-war views. A contemporary has noted that
the ideas expressed by Ingersoll in his pamphlet J^etter to a Friend in
a Slave State represented the general opinions of most Philadelphians
"of cultivation and good standing." These Copperheads had a great
deal of "social influence"; they controlled the traditional authority
in social circles, deciding who was and was not a member of "society."98 But this inner circle was threatened by the rise of a new
"industrial elite," referred to as "shoddyites." The war had brought
sudden wealth to many who had little education and culture. They
used their new-found money for extravagant displays of diamonds,
jewelry, and other baubles to imitate and surpass the social distinctions of the older, more cultured families of the city." The attempts
of the new "elite" to increase their social position and become part of
Philadelphia "society" were greatly resented by people such as
Ingersoll.100
He despised them for he feared that they were bringing about a
"status revolution." He was afraid that this new class would use its
wealth and power to achieve social and economic dominance over the
more cultured and educated. "This is now the period," he warned,
"when city wealth, money got in trade, and manufacturing, and commerce, the Plutocratic element, manifests its peculiar spirit. . • .
They desire an absolute government, but really they aspire to be the
dominant class."101
07
Age, June ia, 1863. Also reprinted in Civil War Speeches.
08 George P. Lathrop, The History of the Union League of Philadelphia (Philadelphia, 1884),
16, 21.
90 McClure, Old Time Notes, II, 244-254.
lOOBaltzell, 131.
101
Ingersoll, Brief View of Constitutional Powers, 27-31.
216
IRWIN F. GREENBERG
April
There definitely was a "status revolution" in politics, and it was
these changes in political leadership which seemed to have had the
most effect on Charles Ingersoll. But it was not the new "industrial
elite" who brought about these changes; this revolution was the work
of another group, a group whom Charles associated with the rising
"elite" and detested just as much—the professional party politicians.
Political leadership and responsibility was taken away from the
patrician aristocracy. Leaders like Charles Ingersoll were replaced by
professional party politicians like Lewis Cassidy.
This "status revolution" in politics, however, was not the result of
the war; it had been in process well before 1861. As it was with the
economic conditions, so it was with the political changes; the war
only helped to speed up a movement that was already taking place.
Although they were still leaders of the Philadelphia Democracy in
i860, Charles Ingersoll and the others of his class were beginning to
be forced out of control by the more popularly based politicians.
This division in the party between aristocrat and politician can be
seen in the schism between the Douglas and Breckinridge factions in
i860 and in the two party organizations of 1864, the Central Democratic Club and the Keystone Club. The formation of the Keystone
Club marked the triumph of the professional party politicians. By
the end of the war, Charles Ingersoll's influence in the party was all
but gone. The theme of his post-war work, Fears for T)emocracy, was
that the people were no longer important to the government. When
the people lose their voice in government, he warned, the government is taken over by the patronage-minded, office-seeking politicians, and then democracy is in danger.102
Perhaps the best way to understand Ingersoll as a Copperhead is
as a "Philadelphia Lawyer,"103 a phrase defined by Webster's dictionary as a "shrewd lawyer versed in the intricacies of legal phraseology and adept at exploiting legal technicalities." His written works
and speeches clearly show this characteristic. Ingersoll never considered the more abstract legal and moral questions of the war, as
102 Fears for Democracy > 3-$.
103 The Philadelphia bar, on the death of Charles Ingersoll, passed a resolution praising
him for having the characteristics of a "Philadelphia Lawyer": "His reading was of the most
extensive character, and his memory was always true and exact*' [emphasis added]. Inquirer,
Sept. 18, 1882.
1969
THE ARISTOCRAT AS COPPERHEAD
217
did Sidney George Fisher. His arguments against Lincoln's war
measures were based on legal precedents and narrow logic; he never
considered the fact that the Federal Government had to use its "war
powers" in order to maintain its existence. Never did he see any issue
of the war beyond the level of political partisanship and legal precedent. "By some defect in his nature/' remarked Fisher, Ingersoll was
"unable to see the moral aspect of the war or to feel enthusiasm for
its great purposes and motives."104
Temple University
104 Fisher Diary, Nov. 19,1861.
IRWIN
F. GREENBERG